South Australian Current Regulations

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SOUTHERN STATE SUPERANNUATION REGULATIONS 2009 - REG 62D

62D—Preservation of components

If an employer component has been preserved under regulation 62B(2) or 62C, then the following provisions will apply:

            (a)         the Board must in relation to a component preserved under regulation 62C, not less than 6 months before the relevant member's 55th birthday (unless that period has already been reached), notify the relevant member in writing of his or her entitlement to require the Board to make a payment under paragraph (b);

            (b)         the relevant member may at any time after reaching 55 years of age require the Board to authorise payment of the component and, if no such requirement has been made on or before the date on which the member reaches 65 years of age, the Board will authorise payment of the component to the member;

            (c)         if the relevant member—

                  (i)         has become incapacitated and satisfies the Board that the member—

                        (A)         is suffering from ill health (whether physical or mental) that makes it unlikely that the member will at any future time engage in gainful employment for which the member is reasonably qualified by education, training or experience or for which the member could be expected to become reasonably qualified following appropriate training or rehabilitation; and

                        (B)         is receiving treatment from a medical practitioner in respect of the ill health and is following the advice of the practitioner; or

                  (ii)         satisfies the Board that he or she is suffering from a terminal illness,

the Board will authorise payment of the component to the member;

            (d)         if the relevant member dies, the component will be paid—

                  (i)         if the member has a legal personal representative—to the representative; and

                  (ii)         if the member does not have a legal personal representative but is survived by a spouse—to the spouse; and

                  (iii)         if the member does not have a legal personal representative and is not survived by a spouse—to the member's estate,

(and a payment under any of the above paragraphs excludes further rights so that a claim cannot be subsequently made under some other paragraph).



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